Warwick Journeys

These Terms and Conditions govern the Warwick Journeys Programme (the "Programme") operated by Warwick Hotels and Resorts and the relationship of Warwick Hotels and Resorts with members of the Programme (individually a “Member”, “you” and the “Membership”).

By using your Membership card or your Membership number, you agree that:

• You have read, understood and accepted these Terms and Conditions and our Privacy Notice; and
• You are eligible for Membership in the Programme.

The purpose of the Programme is to recognize frequent guests of Warwick Hotels and Resorts. As described below, Members will receive a Member ID number, and will receive their Programme benefits (“Entitlements”) from any participating hotels.  Not all hotels and resorts within the Warwick Hotels and Resorts collection participate in the Programme.

I.    GENERAL MEMBERSHIP RULES

      A.    MEMBERSHIP ELIGIBILITY

As of October 4, 2016 the Warwick Journeys Programme is offered by Warwick Hotels and Resorts to honour its returning guests.  
Membership in the Programme is available to any individual who enrolls in our Programme by registering through the online Programme Member Portal on the company website, is of 18 years of age or older and resides within a country that legally permits membership in frequent stay programs.
There is no Membership fee to join the Programme. 

Warwick Hotels and Resorts may refuse Membership to, or in addition to the reasons specified below, terminate the Membership of, any individual without giving a reason. Employees of Warwick Hotels and Resorts (“Associates”) can register as Members but they are not entitled to receive the benefits provided in the Programme except through specially designated Associate programs.  Warwick Hotels and Resorts is not responsible for Member compliance with their own company policy in regard to Membership in the Programme and Entitlements.

Memberships can only be used by the Member whose name is listed on the Programme account. You should not give your Membership number to any other person.  You are responsible for all activity in your Programme account through the use of your membership number by another person, whether a member of your family, household, staff or otherwise. Corporations, associations and groups cannot enroll in the Programme. Benefits associated with stay only apply to the occupied room of the member and will not be applied to additional rooms booked by the Member. Members can only book up to 3 rooms maximum for companions or family members. For additional rooms booked, to receive access to Warwick Journeys benefits, the additional occupants must individually join the programme. 

You are in principle only entitled to subscribe for one Membership in the Programme. If you obtain, for any reason, more than one Membership in the Programme, Warwick Hotels and Resorts may contact you to merge your Membership accounts, with your consent. When merging your Memberships, we will cumulate all Qualified Stays, enrolment bonus(es) and Entitlements available for the given calendar year.

     B.    MEMBERSHIP TIERS AND BENEFITS

If you have stayed at any of the participating Warwick Hotels and Resorts prior to Membership enrolment, you are entitled to receive all the privileges that your respective membership level qualifies you for on your next eligible visit.  If you have never stayed at a participating Warwick Hotels and Resorts hotel, you will be entitled to receive free Wi-Fi on your first stay and all additional privileges that Membership qualifies you to receive for your second Eligible Stay at any participating property, including discounted member rates and exclusive offers found through our Member Portal.

Membership levels are based on the number of qualified stays cumulatively spent at participating hotels and resorts within a calendar year January 1- December 31. The Membership levels are determined according to the following numbers of Eligible stays:

• Enrolled: 0-1 Stays
• Purple: 2-3 Stays
• Gold: 4-15 Stays or 1 stay at 2 separate participating hotels and resorts
• Platinum: 16+ Stays or 1 stay at 4 separate participating hotels and resorts in a calendar year

Stays at the same participating property must have a 24 -hour window between stays. Qualified Stays are for one guest room during any stay if the Member stays in the reserved guest room and pays the qualified rate for the guest room.  Reservations that are cancelled or are classified as a No-Show are not eligible for stay credit. 
Bookings made on the Warwick Member Portal or central reservations office are qualified for stay credit. Rates that do not qualify include but not limited to: Wholesalers and Tour Operator Packages, Groups, Meetings, Travel Industry Rates, Complimentary and Barter Rooms, Employee Rates, Friends and Family Rates, Associations, or any non-corporate negotiated rates booked via 3rd party sites. Warwick Hotels & Resorts reserves the right to make changes or modify qualified rate categories.
Membership levels do not accrue year over year and are awarded on the number of Eligible Stays at participating hotels and resorts within a calendar year. When a new membership level is achieved, the level will be granted for the remainder of the calendar year and will be retained through the following full calendar year.  Membership levels are subject to demotion or promotion at the end of each full calendar year that you are an Active Member.  Notification by email of Membership level promotion or demotion will be communicated to the Member.

Purple Members
You will be considered a Purple Member with 2-3 Qualified Stays at any participating hotel (s) within in the current calendar year.
Benefits are subject to change. Please check our website for the latest list of benefits for each level available. 

Gold Members
You will be considered a Gold Member with 4-15 Qualified Stays, or a minimum of 1 Qualified Stay at 2 separate participating hotel (s) within in the current calendar year.
Benefits are subject to change. Please check our website for the latest list of benefits for each level available. 

Platinum Members
You will be considered a Platinum Member with 16+ Qualified Stays, or a minimum of 1 Qualified Stay at 4 separate participating hotel(s) within in the current calendar year.Benefits are subject to change. Please check our website for the latest list of benefits for each level available. 

Member Exclusive Rates – Member Exclusive Rates are designated for Members of Warwick Journeys and can only be booked via our website Warwickhotels.com or through the hotel(s) reservations office. The Member Exclusive Rate is not commissionable to travel agents.

     C.    MEMBER LEVEL RENEWAL
Members retain their acquired level in the Programme for the following year, subject, however, to demotion if required stays are not attained by the end of the full calendar year. Notification by email of Membership level promotion or demotion will be communicated to the Member.

     D.    ENTITLEMENTS AND MEMBERSHIP OWNERSHIP 
Entitlements and Membership are the exclusive property of Warwick Hotels & Resorts. On termination of your Membership for any reason, all unredeemed Entitlements will be forfeited, and you will no longer be able to participate in the Programme. Entitlements have no cash value, and Warwick Hotels and Resorts will not pay you cash for any forfeited or unused Entitlements.

Membership, Entitlements, or other Membership benefits are not guaranteed and may be subject to income or other taxes. The recipient thereof is responsible for paying all such taxes and for making all applicable disclosures to third parties, including any party who paid for the transaction from which the recipient received Entitlements. Warwick Hotels and Resorts shall not be liable for any tax liability, duty or other charges in connection with the issuance of Memberships, Entitlements, or other Membership benefits.

Entitlements or other Membership benefits may not be sold, bartered or transferred (other than by Warwick Hotels and Resorts). Any attempted transfer, sale or barter by you or on your behalf will be void. Warwick Hotels and Resorts may refuse to honour or recognize any Entitlements, gift certificates or Membership benefits which we conclude have been transferred, sold or bartered.

     E.    PERSONAL INFORMATION
            1.    OUR PRIVACY NOTICE
Warwick Hotels and Resorts maintains a personal preference profile for all its Warwick Journeys Programme Guests, containing information provided by you and according to our Privacy notice. This includes in particular, 

• your first name, middle name(s), last name, gender, title
• the language(s) in wish you to communicate with us
• your date and place of birth
• your e-mail address, full personal address and/or full professional address incl. country, city and postal code, phone number(s)
• your family or group members, name(s), number(s) and age of children
• your passport, ID card or driver licence
• payment and/or credit card information
• comments and user-generated content, incl. photos, videos and personal stories that you share with us
• the social media login and profile name that you use to create an account with us, if applicable
• other information you share voluntarily with us such as, for example, your preferences and interests (smoke free environment, room category and location, etc.), your dietary requirements, your tastes, your likes and dislikes, etc.

Warwick Hotels and Resorts will use this information to expedite reservations, check-in, and check-out processes, to create and access your client account and manage it for security reasons. Your personal data will also be used to manage your preferences such as, for example, your preferred room category, equipment and services, the type of entertainment you enjoy or your preferred food and snacking)
If you provide credit card information, our hotels will use it to guarantee your stay and will apply your stay charges to that credit card. You can change your credit card authorization for future transactions by contacting your regional Customer Service Centre or at time of reservation or check-in. You should notify Warwick Hotels and Resorts if your authorized credit card is lost, stolen, invalidated or has expired.
Your Warwick Hotels and Resorts Member Number is used to track your Eligible Stays and your current Membership Level and allows for the awarding of Entitlements and other Member benefits. In order to credit your Membership with all Eligible Stays properly, Membership Numbers must be used when making a reservation.
Should you be concerned about a possible interference with your privacy rights or misuse of your personal data by us, or if you have any questions or comments, you can contact our Data Protection Office. You will find our contact details, as well as more information about your rights and our obligations in our Privacy Notice.
       
     2.    COMMUNICATIONS 
Warwick Hotels and Resorts may send you promotions, offers, specials & packages and other communications from time to time.  Such sent promotions may be targeted to you based on the information you have provided to Warwick Hotels and Resorts and additional data it maintains. The Privacy Notice of Warwick Hotels and Resorts is available on its company website and accessible at all times. By selecting to be a part of the Warwick Journeys program you have read and agree with the company Privacy Notice and consent to the Notice listed. You may change your personal details and communications preferences at any time in the Warwick Member Portal or by contacting our Programme administrator at warwickjourneys@warwickhotels.com.

All Programme communications will be sent to you at the mailing address and/or e-mail address which you provide on your Member Profile and enrolment form. Communications will be deemed to have been received by you one business day after sending the communication to the e-mail address provided by you and 5 business days after sending the communication to the mailing address provided by you. You are responsible for keeping and updating of your current address and email address.

     F.    CHANGE, CANCELLATION AND TERMINATION 
            1.    IN RELATION TO THE PROGRAMME
Warwick Hotels and Resorts may change these Terms and Conditions at any time without notice. This means that Warwick Hotels and Resorts may make changes that affect, without limitation, processes, Membership benefits, and Entitlements, unless otherwise stated, all Entitlements are subject to availability.
Warwick Hotels and Resorts may terminate the Programme with three (3) months advance notice to all current active Members of the Programme (“Active Members”) and may substitute a similar recognition program for the Programme at any time immediately upon notice to all Active Members.  A Member may not accumulate Entitlements or claim other Member benefits after the termination of the Programme.  If the Programme is terminated, all unredeemed Entitlements shall be forfeited without any obligation or liability on the part of Warwick Hotels and Resorts, and no Entitlement claims shall be honoured after the conclusion of the notice period.  if required to do so by applicable law, Warwick Hotels and Resorts may terminate the Programme in whole or in part, in any jurisdiction(s) on less than three (3) months' notice. 
            2.    IN RELATION TO YOUR MEMBERSHIP
You may cancel your Membership at any time by giving written notice of cancellation to the Programme administrator at “warwickjourneys@warwickhotels.com” or via letter to one of corporate offices of Warwick Hotels and Resorts which can be found on its company website. If you do this, all unused Entitlements will be forfeited immediately and may not be reinstated or transferred.
You will be considered an "Active Member" in the Programme so long as:

• Your Membership has not been cancelled (by you or Warwick Hotels and Resorts), and
• You have an Eligible Stay at a Participating Property within the past 24 months.

If Warwick Hotels and Resorts revokes your Membership for any reason, you may not reapply for Membership and any Entitlements opened in your name in that account shall be forfeited upon discovery. If you cancel your Membership, or if we close your account, you may reapply for Membership at a later date, but you will not recover any Entitlements forfeited from your prior Membership.

Warwick Hotels and Resorts may cancel Entitlements, suspend your Membership privileges or terminate your Membership at any time with immediate effect, in its sole discretion, if you have:

• Acted in a manner inconsistent with applicable laws or ordinances;
• Acted in a fraudulent or abusive or inappropriate manner;
• Breached any of these Terms & Conditions;
• Engaged in fraud or abuse concerning Entitlements given, award usage or Membership privileges and benefits; or
• Failed to pay any bill when due to a Warwick Hotels and Resorts Participating Property.

Membership will terminate automatically on your filing for bankruptcy or otherwise becoming subject to a bankruptcy proceeding.

Warwick Hotels and Resorts may also take appropriate legal or administrative action if any of the items listed above occurs. Nothing contained in these Terms & Conditions shall limit Warwick Hotels and Resorts in the exercise of any legal or equitable rights or remedies.

II.    LIMITATION OF LIABILITY 

The waiver of Warwick Hotels and Resorts of any breach of these Terms and Conditions by you shall not constitute a waiver of any other prior or subsequent breach of this Agreement. The failure of Warwick Hotels and Resorts to insist upon strict compliance with these Terms and Conditions by any Member shall not be deemed a waiver of any rights or remedies that we may have against that or any other Member.
Warwick Hotels and Resorts makes no warranties or representations, either expressed or implied, and expressly disclaim all liability (including consequential damages) with respect to type, quality or fitness of goods or services provided through the Programme.

To the extent permitted by applicable laws, Warwick Hotels and Resorts is not responsible for:

• Loss or misdirection of, or delay in receiving, any Membership application correspondence;
• Theft or unauthorized redemption of Entitlements or use of an Entitlements caused by circumstances beyond the reasonable control of Warwick Hotels and Resorts;
• Any acts or omissions of third parties (including Participating Locations); or
• Any loss of use, revenue, profit, data, or diminution in value, or any consequential, indirect, incidental, special, exemplary, or punitive damages

Warwick Hotels and Resorts does not represent, warrant or guaranty that the Programme or any such other products and services will be uninterrupted, without omissions or error free, or that defects will be corrected or changes implemented. Warwick Hotels and Resorts reserve the right to correct, without notice, any errors.

Some jurisdictions do not allow the exclusion or limitation of damages and therefore such exclusions may not apply to you. In the event Warwick Hotels and Resorts is held liable for any damages related to such matters, and to the extent permitted by applicable laws, your sole and exclusive remedy will be limited to reimbursement for services or products paid by you to the entity held liable which were not provided by such entity. 

To the extent permitted by applicable laws, you hereby waive any and all rights to bring any claim or action related to such matters in any forum beyond two (2) years after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based. 

Warwick Hotels and Resorts endeavours to keep the information on our website current, including the links from these Terms and Conditions, but you should contact our Programme administrator at “warwickjourneys@warwickhotels.com” for the most current Programme information.
Warwick Hotels and Resorts shall not be liable to any person for any action taken or neglected to be taken with respect to the Programme, except for errors in giving Entitlements to Members of the Programme.

If any provision(s) of these Terms and Conditions are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. The failure by Warwick Hotels and Resorts to exercise rights granted to Warwick Hotels and Resorts hereunder upon the occurrence of any of the contingencies set forth in this agreement will not constitute a waiver of such rights upon the recurrence of such contingency. 

Warwick Hotels and Resorts may run promotions from time to time that provide enhanced benefits to select Members.  

Notwithstanding the foregoing, the failure of Warwick Hotels and Resorts to exercise any of its rights under this Agreement or its delay in enforcing or exercising any of its rights shall not constitute a waiver of such rights.  If Warwick Hotels and Resorts waives any right on one occasion, such waiver shall not operate as a waiver as to any other occasion.
 
III.    MEMBER INFORMATION AND QUESTIONS

All information and details related to the Warwick Journeys Programme, in particular with respect to additional services provided by participating hotels, members’ benefits and conditions related to the Warwick Journeys Programme Entitlements, are provided on the company website.
If you have any queries about the Programme, please contact the Programme Administrator at any time at “warwickjourneys@warwickhotels.com”.  Warwick Hotels and Resorts is happy to assist you at any given time should you have any questions.

IV.    YOUR AGREEMENT

By enrolling in the Programme, and to the extent permitted by applicable laws, all Members expressly agree to the following:

• In no event will Warwick Hotels and Resorts or any hotel or resort participating in the Programme be liable for any direct, indirect, special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arise out of or are in any way connected with the Programme or these terms and conditions except as otherwise provided for by public order. 
• In the event of a dispute, the parties undertake to try to solve it amicably through direct negotiations. If not possible, any disputes arising out of or related to the Programme or these Terms and Conditions will be handled individually without any class action and will be governed by, construed and enforced in accordance with the laws of the State of Colorado, United States, without hindering the mandatory protective provisions that may be applicable to the Member or applicant in his/her country. The exclusive jurisdiction for any claim or action arising out of or relating to the Programme or these Terms and Conditions may be filed only in the state or federal courts located in Denver, Colorado, United States. 
• Membership in and application for membership in the Programme is void if prohibited by law in the country of the Member's or applicant's domicile.